Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/15

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Constitution of the Republic of South Africa, 1996

Act No. 108, 1996

Chapter 2—Bill of Rights

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case, in addition to the rights a child enjoys under sections 12 and 35, the child may be detained only for the shortest appropriate period of time, and has the right to be —

(i)

kept separately from detained persons over the age of 18 years; and

(ii)

treated in a manner, and kept in conditions, that take account of the child’s age;

(h)

to have a legal practitioner assigned to the child by the state, and at state expense, in civil proceedings affecting the child, if substantial injustice would otherwise result; and

(i)

not to be used directly in armed conflict, and to be protected in times of armed conflict.

(2)

A child’s best interests are of paramount importance in every matter concerning the child.

(3)

In this section “child” means a person under the age of 18 years.

Education

29.

(1)

Everyone has the right —

(a)

to a basic education, including adult basic education; and

(b)

to further education, which the state, through reasonable measures, must make progressively available and accessible.

(2)

Everyone has the right to receive education in the official language or languages of their choice in public educational institutions where that education is reasonably practicable. In order to ensure the effective access to, and implementation of, this right, the state must consider all reasonable educational alternatives, including single medium institutions, taking into account —

(a)

equity;

(b)

practicability; and

(c)

the need to redress the results of past racially discriminatory laws and practices.

(3)

Everyone has the right to establish and maintain, at their own expense, independent educational institutions that —

(a)

do not discriminate on the basis of race;

(b)

are registered with the state; and

(c)

maintain standards that are not inferior to standards at comparable public educational institutions.

(4)

Subsection (3) does not preclude state subsidies for independent educational institutions.

Language and culture

30.

Everyone has the right to use the language and to participate in the cultural life of their choice, but no one exercising these rights may do so in a manner inconsistent with any provision of the Bill of Rights.